Penance
by Lady Fyria
Summary: Draco Lucius Malfoy, you are hereby convicted with murder, multiple attempted murders, indefinite use of the Unforgivable Curses, willing allegiance as a Death Eater to Voldemort, and rape. For the severity of your crimes, especially to my friend Hermione Granger, and as per your request, your sentence is death. AU. M to be safe.


**Penance**

"Draco Lucius Malfoy, you are hereby convicted with murder, multiple attempted murders, indefinite use of the Unforgivable Curses, willing allegiance as a Death Eater to Voldemort, and rape." Harry's voice droned the charges, echoing off the stone walls. Hermione shivered from the coldness of the execution room, tugging her robes closer.

Before her, before the important members of the Order, Draco Malfoy sat on his knees, wrists bound together. His blond hair was matted and dirty from weeks of being in the dungeons without a proper bathing. Silvery grey eyes were trained on the ground, eyes she hadn't seen since two weeks ago when she had snuck down to see him and give him food. He had screamed at her that day, telling her how she shouldn't be anywhere near him, and when that didn't work he had begun describing his murders in great, disturbing detail, like he had enjoyed the killings. She had been too afraid, too _cowardly_, to return.

Six years ago from tomorrow would mark the anniversary of the day Malfoy violated her, stripping her of her innocence. He had lured her out far into the Forbidden Forest, into a clearing where he was waiting. To this day, she still wasn't sure whether or not she appreciated that even though the act was forced, he had been gentle with her, passionate even. She herself had fancied him for a time before that day, ending the moment he grabbed her wrist with that look in his eyes. It surprised her that when it was done, Malfoy redressed them both before planting one last kiss on her lips, murmuring with truth in his eyes, "I'm sorry."

It was something she hadn't told anyone. Not the medi-witch, not Harry, not Ginny. No one but her would believe Draco Malfoy was sorry.

Hermione had prided herself in not screaming; only allowing tears to slip down her paled face, eyes unfocused and unseeing.

"How do you plead?"

Malfoy raised his head slowly, dirt streaking his pale and gaunt face. She lost the ability to breath as his haunted eyes – _Merlin, those eyes!_—met hers. "Guilty."

There was a short pause that was filled by an awkward silence as Harry swallowed deeply. "Alright then," he withdrew his wand and pointed it at Malfoy, who had his head downcast again. "For the severity of your crimes, especially to my friend Hermione Granger, and as per your request, your sentence is death."

Her gaze flicked over to Harry, wide with surprise. Malfoy had _asked_ to be killed? _Why_?

Another pause as Harry took a breath. "Avada Ked—"

"_Daddy_!"

The people in the room were shoved to the side and Draco's head snapped up in surprise. A little blond haired boy with grey eyes rushed toward the imprisoned man.

Ginny Potter came running in just a few moments later, panting heavily. Her eyes went from the boy to Hermione, appearing severely apologetic. "I'm so sorry, 'Mione. The little bugger tricked me and—"

Ginny was interrupted by a loud sob, and every head turned to the source. Draco Malfoy was crying openly, hugging the boy tightly enough that his hands were turning white. "My son, my little Scorpius."

Hermione was stunned by the display in front of her. Scorpius had never met Malfoy. She had made sure of that. Malfoy shouldn't even know that he had fathered a son…

Ron and Harry were shooing the people in attendance out. She could feel Harry move to stand just behind her, Ron just a few more feet away, both of them unsure of what to do. "Hermione?"

With her eyes never leaving Draco and Scorpius, she asked, "How does he know, Harry?"

"I don't know. He hasn't ever left this room, I am sure of it."

They watched as Draco took his son's face between his face, telling Scorpius that Daddy was going far away and not coming back, only to cry harder when the boy's reply was, "Why Daddy? Do you not love me anymore?"

"I swear I'll always love you, Scori, you and your mother. Forever and ever." Hermione froze completely upon hearing the confession, her knees having trouble keeping her standing._ Oh, please tell me that was a lie…_

"I tell Mum that all the time, but she never seems to believe me."

Ron spoke quietly. "What do you want to do?"

She couldn't respond, not when she didn't know. Entranced by watching her son with his father, reason became expendable.

Perhaps it was better this way.

She hadn't realized her best friends had left until she turned to give her answer, leaving her alone with her two greatest weaknesses. Dejectedly, she looked back at her son. His normally slicked back hair (the boy insisted it on being styled that way) was ruffled as his father stoked the boy's head. Even at just six years, Scorpius was an exact copy of Draco.

"Will you still visit me in my dreams, father?"

That was how he had done it, the slimy bastard, but how without his wand?

Draco smiled sadly. "I'm afraid not, my son. I will be too far away."

Had Scorpius been older, he wouldn't have called his father out on that lie. Dream-visiting was without any boundaries, even from the muggle world.

Scorpius drew away from Draco, ducking back under the wrist binds. "You promised me that you would teach me how to fly, to play quidditch. That we would find a dragon egg and raise it—"

"Scorpius, son, listen to me. I don't have a choice. Remember the stories I told you about Voldemort?"

Hermione could see the realization dawn on the child's face. "That's…that's not fair! You didn't want to…I— I don't want you to die, father!" Scorpius buried his face into Draco's chest, sobs beginning anew within all three of them.

"Be strong, Scorpius. For you and your mother. You're a Malfoy, for Merlin's sake."

"That's not funny anymore, father."

Hermione couldn't help but smile softly at her son's muffled retort. Mustering forth as much courage as she could gather, she spoke with a voice that cracked. "We need to talk, Draco."

Reluctantly, Draco pried his son from him and touched the child's face. "I love you Scori, and I'm sorry." Before the boy could reply, he fell limp in his father's arms, breathing deeply, his eyes closed.

"If you can do wandless magic, then why haven't you escaped yet?"

He met her eyes, sincerity in them. "Because I don't want to. I was on the run long enough for Scorpius to remember me, and now that he can, I don't have to anymore."

With a deep breath, she steeled herself for the answer to her next question. "If you loved me, why did you do what you did?"

"Love, Hermione, not loved." His eyes gained a faraway look as he sighed. "I have loved you for a long time. Third year, perhaps. I wanted you desperately by sixth. In seventh year, I came to the conclusion that the only way I would have you if it was by force. Then, shortly after, I decided if I were to get you with child that you would inherit the Malfoy fortune and manor upon my death, which I knew was inevitable." He stared at his son, stroking the boy's face. "I wanted the best for both of you."

"And you thought raping me was the best thing to do?" She took a few steps closer, fighting the urge to grab her child—their child—from him and run.

"Then, yes. Now, not so much." He laid the child on the floor, getting to his own feet. He took a step towards her and she retreated until her back hit the wall. He was on her in the next second, his arms on either side of her, trapping her. "Hermione, please listen to me."

She could say nothing. The close proximity caused flashes of the day of her rape to flit through her mind, and she began to shake. She stared at his face with eyes wide from fear and saw his own eyes soften as he noticed her trembling. He took her into his arms and she neither resisted nor leaned into his touch. Draco lowered them both slowly to the ground so that she sat sideways in his lap, his lips pressed lightly to the side of her temple. "I'm so very sorry, Hermione. Sorry for everything I've ever done, no matter how big or small it was. I'm sorry for calling you names. I'm sorry for tripping you and knocking your books out of your hands. I'm sorry for making your body enjoy what I did to you, even though I knew that tore you up even more on the inside. I'm sorry for not doing anything to stop your torture by Bellatrix. You want to know a secret? It was because you were with child that Greyback didn't rape you." He paused, his grip on her tightening. "I don't even know what I would've done if he had tried…" She was shocked by the anger that echoed clearly in his voice.

It was silent again for a while as he simply held her, his thumb drawing patterns across the skin on her upper arm. He moved so that his head was burrowed in the crook of her neck, his soft lips still remained pressed against her. She tensed from the intimacy of his action, and then jumped when she felt hot tears fall. "Do you think," he began, his voice barely above a whisper. "That you could ever forgive me?"

Hermione looked over to the boy curled up in a ball, looking so innocent as he slept. She said softly, "If you hadn't…done what you did…I wouldn't have Scorpius. He's the best thing that ever happened to me, despite the way he was conceived. And that is the only reason I can forgive you."

"Do you?"

"…Yes."

His blond head snapped up and she was faced with those eyes again. She was vaguely aware that his face was leaning towards hers. "Say it, please."

"I forgive you, Draco Malfoy."

Tears swelled in his eyes and his chest jumped with a sob that he choked down. But then he sucked in a shaky breath, and smiled at her, suddenly appearing as if the weight of the world had been lifted off his shoulders. He rested his forehead against hers, closing his eyes. "Thank you, Hermione." She felt his breath ghost across her lips, lips she found herself staring at. Lips that had kissed her so sweetly before.

As if he could sense the change in her, his eyes opened. Her name spilled from his lips in a low growl; she was fascinated by the way his lips moved to form her name and the look in his eyes as he gazed back at her. If someone were to ask her about it later, she would not be ashamed to admit that it was her that initiated the kiss. It took him a moment to get over his surprise, but when he did she felt herself soar with the feelings that erupted in her. He kissed her just as gently as the first time when she wasn't aware of his intentions. Hermione tried to convey all of her resentment towards him, kissing him back roughly, but he remained tender and affectionate, accepting the bruising. When she calmed down, his hands began to caress every part of her body, trying to memorize her. She wrapped her arms around his neck, wanting to be closer. She hadn't felt so much emotion, especially all at once, in such a long time; the war had made her numb.

He ended their kiss, leaving them breathless but wishing for more. Draco smiled at her again, and she was alarmed by the sadness she detected in his expression. "Draco…?" Draco set them both back on their feet again, fixing their rumpled clothing. Again she prodded, "Draco?"

He lifted their son from the ground and gave the boy to her. "It's time for you to go now Hermione."

Dread and shock swept through her. "You still want to take your sentence?"

He nodded solemnly, stroking his son's head. "I have to pay for my crimes. Just because you say you forgave me does not change the fact that I killed people and raped you."

"But Draco… I-I can convince them to drop the charges—" She didn't want the father of her child to die now that…now that she _knew_.

He chuckled. "Funny how it was you who worked the hardest to put me in this room, and now it's you who want me out."

"Our son shouldn't have to grow up without you…I realize that now. Please Draco…think of Scorpius…"

"I have, Hermione," he said sternly. "I have since the day I put him in you. I want to do this. I can't hurt you anymore if I die. Please Hermione, you need to let me do this. You need to let me go."

"You're hurting me now by doing this!"

He touched her cheek, wiping away the river of tears that flowed down her face. "Oh my lovely Hermione, you shouldn't care so much; you don't even love me."

"I could!" she protested adamantly. "I know I could…"

He shook his head. "It's too late now. It was too late from the beginning of this."

"Please Draco," she pleaded as he kissed their son's head and whispered farewell.

He silenced her pleadings with his lips, kissing her deeply. Afraid that if he kissed her for too long he would change his mind, he broke it off abruptly. "Goodbye, Hermione."

He signaled to the door. The Order flooded the room again. Draco walked back to his spot. Ginny guided a sobbing Hermione out of the room. Potter raised his wand. Hermione clutched her son tight, hoping she wouldn't see the green light shine from under the door.

"Avada Kedavra."

* * *

_Draco Lucius Malfoy_

_June 5__th__ 1980 – May 21__st__ 2004_

_Never afraid to make sacrifices for whom he loved_


End file.
